ZeekRewards (Polices and Procedures)

POLICIES AND PROCEDURES ZEEKREWARDS

Fuente:
http://zeekrewards.com/policyprocedure.html

The policies and procedures serve as a guide to your relationship with REX VENTURE GROUP LLC, hereinafter “REX.” Carefully review this document. We are here to support you and your efforts in your new business. Please contact your upline sponsor or the corporate office if you have any questions. REX embraces all of the principles of ethical personal and sound business conduct that makes us a company of trust and a legacy in this industry. REX is a direct selling, Internet sales company marketing products to its customers through Independent Representatives. The Policies and Procedures herein are applicable to all Representatives of REX. This statement of Policies and Procedures and the Compensation Plan are incorporated into the Representative Application and Agreement and constitute the entire agreement of the parties regarding their business relationship. These rules are reasonably related to the laws of the State of Nevada and shall be governed in all respects thereby. These policies and all agreements between REX and Independent Representatives shall be governed by the laws of the State of Nevada, and are binding on successors and assigns of both parties. Should any portion of these rules and regulations, of the Independent Representative application and agreement, or of any other instruments referred to herein or issued by REX, be declared invalid by a court of competent jurisdiction, the balance of such rules, applications, or instruments shall remain in full force and effect.

Application for Independent Representative Status

A person may become a REX Representative by completing the on-line sign-up process. The Representative Agreement becomes a binding contract when the Representative Agreement is received and accepted by REX. REX reserves the right to reject at its discretion, any application deemed unacceptable. Applicants and Representatives may not submit inaccurate or false information on a Representative Agreement. Incomplete and inaccurate Representative Agreements will not be accepted by REX, but will be returned for completion and resubmission. Each Representative is responsible for informing REX of any changes affecting the accuracy of the Representative Agreement.

Liability.

To the extent permitted by law, REX shall not be liable for and Representative releases REX from, and waives all claims for any loss of profits, direct or indirect, special or consequential damages or any other loss incurred or suffered by Representative as a result of (a) the breach by Representative of this Agreement, (b) the operation of Representative’s business, (c) any incorrect or wrong data or information provided by Representative, or (d) the failure to provide any information or data necessary for REX to operate its business, including without limitation, the enrollment and acceptance of Representative into the income opportunity or the payment of commissions and bonuses.


Independent Contractor Status

REX Representatives are independent contractors. They are not franchisees, joint venture partners, employees or agents of REX, and are prohibited from stating or implying, whether orally or in writing, otherwise. Representatives have no authority to bind REX to any obligation. Independent Representatives will not be treated as employees with respect to such services for federal or state tax purposes. REX is not responsible for payment or co-payment of any employee benefits. Representatives set their own hours and determine how to conduct their REX business, subject to the Agreement and the Policies and Procedures. Representatives are responsible for liability, health, disability and workmen’s compensation insurance as required by their state or local laws. As the Representative, you are responsible and agree to pay your own business expenses.

Legal Age

All Representatives must be of legal age in their state of residence to apply to become a Representative.
REX Representative ID#
Every REX Representative will be issued a unique Personal Identification, which will be used by the Representative for security purposes when placing product orders and when requesting Genealogy and status information. The original Representative Agreement must be submitted using a Social Security Number or, in the case of a business entity (corporation, partnership or trust), a Federal Tax Identification Number for the entity, or appropriate trust identification number if the Representative is a resident of the United States. Representative Agreements for US residents will not be accepted without one of these numbers.

Territory

Each REX Representative is authorized to conduct business anywhere in the U.S.A. and its territories and in other countries as permitted by the laws of the individual country. There are no territorial restrictions.

Representative Marriage

If two Representatives marry, they may maintain their separate, independent organizations.

Representative Divorce

If married Representatives who share a Representative position obtain a divorce, REX will continue to treat the Representatives pursuant to the original Representative Agreement until such time as REX receives written notice, signed by both parties, and notarized, or a court order or decree directing otherwise. In addition, divorced Representatives should submit to REX a certified copy of any legal judgment or decree, specifying how future payments of commission checks are to be paid.

Corporations, Partnerships and Trusts

Entity applications must be signed by an authorized officer of the corporation, partnership or trustee of the trust and will become the binding Representative Agreement for such entity. Entities that are controlled by an existing representative cannot be sponsored by that representative. The entity must be sponsored by that representative's sponsor.

Change of Status

Representatives who wish to change their status from that of an individual Representative to a participant in a corporation, partnership or trust, may do so at any time, subject to the policies outlined above, and only under the same Sponsor.

Death of Representative

In the case of the death of a REX Representative, rights of that Representative position shall pass to the Representative’s heirs. A certified copy of the will or court document along with a new Representative Agreement in the name of the succeeding individual must be submitted to REX within ninety (90) days of the death of the Representative. If REX does not receive appropriate instruction within ninety (90) days of the death of the Representative, REX will continue to send checks until ordered by the court. Transfer of ownership will take place after receiving appropriate court documents.

Fictitious and/or Assumed Names

A person or entity shall not apply as a Representative using a fictitious or assumed name. Representatives must comply with all federal, state and local statutes, regulations and ordinances concerning the operation of their business.

Business Volume Requirements

Refer to the Compensation Plan for business volume requirements to remain “active.” and “qualified” Failure to keep your Representative position active and qualified on a monthly basis results in the loss of existing downline volume and volume will not accumulate to earn commissions. Inactivity of more than 60 days may result in the termination of your Representative position.

Commission Cycle

Commissions are calculated in real time or weekly or monthly, depending on the type. The pay week runs from midnight Sunday night to Sunday night midnight each week. Commissions are paid two weeks from the Monday following the end of each pay period.

Taxation

As independent contractors, Representatives will not be treated as franchisees, partners, employees, or agents for federal or state tax purposes, including, with respect to the Internal Revenue Code Social Security Act, federal unemployment act, state unemployment acts, or any other federal, state, or local statute, ordinance, rule, or regulation. At the end of each calendar year, REX will issue to each Representative IRS Form 1099, or other applicable documentation required by law, for non-employee compensation of a Representative. It is the responsibility of each Representative to pay their own income taxes, usually on a quarterly basis.

Record-keeping

REX encourages all its Representatives to keep complete and accurate records of all their business dealings. A recommended publication is the Retail Industry ATG - Chapter 3 – Examination Techniques for Specific Industries (Direct Sellers), available from the IRS web site.

Term and Renewal

Subject to the terms of voluntary resignation, suspension and termination discussed in later sections, the agreement shall have a term beginning on the date of acceptance by REX and be subject to an annual renewal. Notice will be given and REX reserves the right to charge a renewal fee. Representatives who fail to renew within 30 days will be considered to have voluntarily resigned their Representative position. A Representative who fails or elects not to renew his/her Representative Agreement will lose their Representative position, all sponsorship rights, wholesale purchasing right and their overrides. Representatives who fail to renew their Representative status may not reapply under a new sponsor for six (6) months after non-renewal.

Confidentiality Agreement

Any information that is contained in any genealogical printout or downline sales report, or online back office system provided by the company to the Representative is the proprietary and confidential information of the company and is transmitted to the Representative in confidence. The Representative agrees not to disclose said information whether directly or indirectly to any third party, other person, firm, or entity, nor use the information for purposes of competing with the company or for promoting any other program or products other than REX program and products. The Representative and the company agree that, without this agreement of confidentiality and nondisclosure, the company would not provide the information to the Representative. The Representative understands and agrees this duty to maintain the confidentiality of this information will survive the termination of their Representative Application and Agreement for a period of Twelve (12) months.

Representative Code of Ethics

In pursuing the success of their REX business, REX Independent Representatives shall safeguard and protect the reputation of REX and its products. Representatives shall refrain from all conduct which might be harmful to the reputation of REX and its products and which may damage the ability of others to fairly represent the REX opportunity. REX Representatives will be professional in their approach to their business activities and strictly avoid all deceptive, misleading, discourteous, unethical and immoral conduct. REX Representatives will respect the honest efforts of fellow Representatives and not engage in predatory or unethical recruitment practices. REX respects the business activities of all legitimate companies and strictly discourages any REX Representative from unfairly representing any competing opportunity. REX believes that the ultimate success of all REX Representatives depends on its ability to bring important products and opportunities to the market. This will be done in a positive and honorable way.

Voluntary Resignation

1) A Representative may voluntarily terminate his or her Representative position status by failing to renew or sending a written notice of resignation or termination to REX. Voluntary resignation is effective upon receipt of such notice by REX.
2) A Representative who resigns or terminates his or her Representative status may reapply as a Representative six (6) months after resignation.

Suspension

Representative may be suspended for violating the terms of his or her Agreement, which includes the Policies and Procedures, the Compensation Plan and other documents produced by REX. When a decision is made to suspend a Representative, REX will inform the Representative in writing that the suspension has occurred effective as of the date of the written notification, the reason for the suspension and the steps necessary to remove such suspension (if any).The suspension notice will be sent to the Representative’s email address on file with REX pursuant to the notice provisions contained in the Policies and Procedures. Such suspension may or may not lead to termination of the Representative’s Representative position as so determined by REX in its sole discretion. If the Representative wishes to appeal, REX must receive such appeal in writing via certified mail within fifteen (15) days from the date of the suspension notice. REX will review and consider the suspension appeal and notify the Representative in writing of its decision within thirty (30) days from the date of the appeal. The decision of REX will be final and not subject to further review. REX may take certain action during the suspension period, including, but not limited to, the following:

1) Prohibiting the Representative from holding himself or herself out as a Representative of REX or using any of REX proprietary marks and/or materials;
2) Prohibiting the Representative from purchasing services and products from REX; and/or
3) Prohibiting the Representative from sponsoring new Representatives, contacting current Representatives or attending meetings of Representatives. If REX, in its sole discretion, determines that the violation that caused the suspension is continuing, has not satisfactorily been resolved, or a new violation involving the suspended Representative has occurred, the suspended Representative may be terminated.

Termination

A Representative may be terminated for violating the terms of his or her Agreement, which includes these Policies and Procedures, the Compensation Plan and other documents produced by REX. REX may terminate a violating Representative without placing the Representative on suspension, at REX sole discretion. When the decision is made to terminate a Representative, REX will inform the Representative in writing at the address in the Representative’s file that the termination has occurred, effective thirty (30) days from the date of the written notification.

Appeal

If a Representative wishes to appeal the termination, REX must receive the appeal in writing within fifteen (15) days from the date of notice of termination. If no appeal is received within the fifteen (15) day period, the termination will automatically be deemed final. If a Representative files a timely notice of appeal, REX will review the appeal and notify the Representative of its decision within ten (10) days after receipt of the appeal. The decision of REX will be final and not subject to further review. In the event the termination is not rescinded, the termination will remain effective as of the date stated in the original termination notice.

Effect of Termination

Immediately upon termination, the terminated Representative:

1) Is no longer authorized to sell REX products;
2) Must cease representing himself or herself as a Representative of REX;
3) Must remove and permanently discontinue the use of the trademarks, service marks, trade names, any signs, labels, stationary or advertising referring to or relating to any REX product, plan or program;
4) Loses all rights to his or her Representative position and position in the Compensation Plan and to all future commissions and earnings resulting therefrom; and
5) Must take all action reasonably required by REX relating to protection of its confidential information. REX has the right to offset any amounts owed by a Representative to REX from commissions or other compensation due to the Representative including, without limitation, any indemnity obligation incurred pursuant to the indemnity section.

Reapplication

Any person or entity whose agreement is terminated shall not be allowed to reapply to the company.
Reentry

Any Representative who transfers his or her Representative position must wait for six (6) months after the effective date of such transfer before becoming eligible to reapply to become a Representative.
Where state laws on termination are inconsistent with this policy, the applicable state law shall apply.

Acquisition of Business

Any Representative desiring to acquire an interest in another Representative’s business must terminate his or her Representative position status and wait six (6) months before becoming eligible for such a purchase. All such transactions must be fully disclosed and must be approved by REX in advance.

Conditions to Transferability

Except as expressly provided herein, a Representative may not sell, assign, merge or transfer his or her Representative position, or rights thereto, without the prior written approval of REX and subject to the following conditions:

1) REX possesses the right of first refusal with respect to any sale, assignment, transfer or merger of any Representative position. A Representative wishing to sell, assign, transfer or merge his or her Representative entity must first provide the upline sponsor with the option to make such a purchase or receive such transfer in writing on the terms and conditions as any outstanding or intended offer. The upline sponsor must advise the Representative within ten (10) business days after receipt of such notice of its decision to accept or reject the offer. If the upline sponsor fails to respond within the ten (10) day period, or declines such offer, the Representative may make the same offer or accept any outstanding offer which is on the same terms and conditions as offered REX, to any person or entity, who is not a Representative, married to, or a dependent of a Representative, or who has any interest in a Representative position.

2) The selling Representative must provide REX with a copy of all documents which detail the transfer, including without limitation, the name of the purchaser, the purchase price and terms of purchase and payment. A transfer fee of $100.00 must accompany the transfer documents;

3) The documents must contain a non-compete covenant made by the selling Representative for the benefit of the proposed purchaser not to compete with the purchaser or attempt to divert or sponsor any existing REX Representative for a period of one (1) year from the date of the sale or transfer; and

4) Upon a sale, transfer, merger or assignment being approved in writing by REX, the buying Representative must assume the position of the selling Representative and must execute a current Agreement and all such other documents as reasonably may be required by the Company.

Transfers to Representatives

Except as expressly set forth herein, Representatives may not sell, assign or otherwise transfer his or her Representative position (or rights thereto) to another Representative or to an individual which has an interest in a REX Representative position. Notwithstanding the foregoing, a Representative may transfer his or her Representative position to his or her sponsor, subject to the conditions of the transferability section. In such event, the sponsor’s Representative position and the transferred Representative position shall be merged into one.

Change of Sponsorship

Any change of Sponsor is discouraged and requires the prior written approval of REX (which may be withheld at its sole discretion) and is subject to the following conditions:

1) The notarized, signed consents of the original sponsor, the new sponsor, and the sponsored individual, must be submitted to REX;

2) A written request for transfer explaining the exact reason for the request of transfer must be submitted to REX;

3) A transfer fee of $100.00 is paid to REX;

4) The requirements of conditions to transferability section are complied with; Personally sponsored Representatives of the transferred Representative must request in writing to move with their sponsor.

Circumvention of Policies

If it is determined, in REX sole discretion, that a Representative position was transferred in an effort to circumvent compliance with the Agreement of the Policies and Procedures, the Representative position will revert back to the transferring Representative who will be treated as if the transfer had never occurred from the reversion day forward. If necessary, and at REX sole discretion, appropriate action, including, without limitation, termination, may be taken against the transferring Representative to ensure compliance with the Agreement and Policies and Procedures.

Termination Returns

An Representative who terminates his/her Representative Status may have the right to return unopened, unencumbered inventory that was purchased within thirty days of termination (90 days in Maryland and Puerto Rico; one year in Idaho, Louisiana, Montana, Nebraska, Oklahoma, South Dakota, and Texas; no time limit in Massachusetts, Georgia, Washington, and Wyoming), provided the inventory is returned in a CURRENT REUSABLE and RESALABLE CONDITION. Return will be issued in like-kind payment and may take up to 30 days to process. REX will refund 90% of the returned inventory (REX product) cost to the Representative less any commissions and bonuses already paid to the Representative on the purchase of the REX product (unless otherwise required by state law) less any appropriate setoffs and legal claims. REX will also repurchase any sales materials for a period of 30 days (or longer where required in the above mentioned jurisdictions) from the time of purchase providing they are CURRENT and in RESALABLE condition. REX will not issue a refund, nor replace, any REX product previously certified as sold under the 70% Rule. No repayment will be made on original shipping and handling charges. The return shipping costs will be borne by the Representative. Additionally, Montana residents who cancel within 15 days are entitled to a 100% refund of any consideration given to participate. In order to assure that refund of inventory for REX product will be issued, strict compliance to the following procedures is required:
A written return request must be submitted, stating the reason for the termination, the reason for the return of REX product and/or sales materials.

Proof of REX product payment and a copy of the Purchase Order Form or packing slip must accompany this written request. REX product returned without prior authorization will be returned to the Representative. REX will instruct the Representative where to ship the REX product for inventory and verification, and will also provide the Representative with the appropriate quantity of authorized REX product return shipping labels. Upon receipt and inspection of the return, REX will process the appropriate refund for payment. Representative must pay the cost of return freight.

Sponsoring

Representatives may sponsor other Representatives into the REX business. Representatives must ensure that each potential Representative has reviewed and has access to the current Policies and Procedures and Compensation Plan prior to or when enrolling the individual.
We have a firm "no stacking" policy.

Definition: Stacking occurs when multiple subscribers of a household sponsor each other and purchase product from the "bottom" of the "stack" in order to earn multiple levels of commissions on their own purchases and prevent their upline sponsor from earning on the referral of said affiliate/family into the program.

Stacking is strictly prohibited and anyone caught doing so will be immediately removed from ZeekRewards permanently and will forfeit all commissions, bids and awarded points. A reward of 10 compounding bids will be awarded to anyone who reports a valid and provable violation of this policy.

If multiple family members within the same household (husband, wife, daughter, son, parent) wish to become active ZeekRewards representatives, they must do so under the original sponsor who introduced the first household member to ZeekRewards.

The same policy applies to corporate or LLC entities that are controlled or owned by a representative. It is a violation of the No Stacking Policy if such entities are sponsored by the representative that controls or owns them.

Referral Policy

From time to time, prospects will contact REX directly. It is always the policy of REX to determine if the prospect has been contacted by a REX Representative. If this is not the case, the prospect’s information may be forwarded to an active Representative of the company's choice using whatever criteria deemed appropriate.

Multiple Agreements

If an applicant submits multiple Agreements which list different sponsors, only the first completed Agreement to be received by REX will be accepted. The decision of REX is final.

Training Requirement

A Sponsor must maintain an ongoing professional leadership association with Representatives in his or her organization and must fulfill the obligation of performing a bona fide supervisory role in the sale or delivery of products and services.

Cross Selling/Cross Sponsoring

REX Representatives shall not sell or represent non-REX products or represent marketing opportunities from other companies to other REX Representatives. Non-REX products or opportunities may not be promoted in any way at official REX events, meetings, conventions or other gatherings.

Volume Transfer

REX does not allow Representatives to transfer sales volume from one Representative to another Representative.
Price Changes


Prices of all REX products and sales materials are subject to change without notice.
Sale of Product

REX Product may be purchased and sold only within the U.S.A and other approved countries. The Company will provide participant access to monthly commission statements, commission checks, and annual 1099 tax forms to participants who are U.S.A. residents. The Company will make available to participant, sales aids, product information, and other information.

Sales tax

For purchases made from the Company, REX collects and remits applicable state tax which may be due on the suggested selling price of those products and/or materials which are subject to tax. The applicable rate of tax due is based on the address to which the product and/or materials is shipped. Representatives who request a tax-exempt purchase for resale from REX (not permitted in all states) must provide the Company with a copy of their valid and current resale exemption certificate showing a resale tax number. This number must appear on all orders placed with REX. The Representative must then collect the tax from his/her retail customer and remit it to the proper state and local taxing authority. All Representatives must pay tax to the Company on their personal purchases made for personal use and consumption. As a Representative you agree to abide by the rules and procedures as set forth in the sales tax collection agreements that the Company may enter into with the various states and local jurisdictions.


Training

The participant will receive training by reading the online materials found on the REX website, in REX Back Office, product information, and other Company materials. Training will also be provided by the sponsor, and Company training seminars.

Trademarks and Copyrights

REX name, trademarks, service marks and copyrighted materials are owned by REX VENTURE GROUP LLC. The use of such marks and materials must be in strict compliance with these Policies and Procedures.

Use of REX Name

Representatives may use the name of REX only if they are identified as an Independent Representative of REX in conjunction with the use of the name REX and its logo or trademarks.
Advertising and Promotional Materials: Only the promotional and advertising materials produced by REX or approved in advance in writing by REX may be used to advertise or promote a Representative’s REX business or to sell products and services of REX. REX literature and materials may not be duplicated or reprinted without the prior written permission of REX.

Stationery and Business Cards: Representatives are not permitted to create their own stationery, business cards or letterhead graphics if REX trade name and/or trademarks are used. Only approved REX graphics version and wording are permitted.

Print and Electronic Advertising

All materials used in the placement of any advertising in any print or electronic media, including Internet web sites must be approved by REX prior to use. Representatives are not permitted to use the REX trade names or names deceptively similar to them as a web site address or in any other manner without the written approval of REX.

Telephone, Yellow and White Page Listing: Representatives are not permitted to use REX trade name in advertising their telephone and FAX numbers in the white or yellow page sections of the telephone book except as outlined below. Representatives are not permitted to list their telephone numbers under REX trade name without first submitting a request to REX for approval. If approval is granted for an 800 listing, it must be stated in the following manner: “Jones, John D. Independent Representative”.

Telephone Answering

Representatives may not answer the telephone by saying REX or in any other manner that would lead the caller to believe that he or she has reached the corporate office of REX.

Imprinted Checks

Representatives are not permitted to use REX trade name or any of its trademarks or service marks on their business or personal checking accounts. However, Representatives may imprint their REX business checks with REX Independent Representative.

Endorsements

No endorsements by a REX officer or administrator or third parties may be asserted, except as expressly stated in REX literature. State regulatory agencies do not approve or endorse direct selling programs. Therefore, Representatives may not represent or imply, directly or indirectly, that REX program, products or services have been approved or endorsed by any governmental agency.

Media Inquiries

Media inquiries should be referred to REX Corporate Office. Representatives are not permitted to create press releases or participate in media interviews without written permission from REX.

Recordings

Representatives may not produce or reproduce for sale or personal use products sold by REX or any of REX-produced literature, audio or video material, presentations, events or speeches, including conference calls. Video and/or audio taping of REX meetings and conferences is strictly prohibited, without Company permission. Still photography is allowable at the discretion of the meeting host.

Independent Communications

Representatives, as independent contractors, are encouraged to distribute information and direction to their respective downlines. However, Representatives must identify and distinguish between personal communications and the official communications of REX.

Copyright Restrictions

With respect to product purchases from REX, Representatives must abide by all manufacturers’ use restrictions and copyright protections.

Vendor Confidentiality

REX business relationships with its vendors, manufacturers and suppliers are confidential. Representatives must not contact, directly or indirectly, or speak to or communicate with any supplier, service provider or manufacturer of REX except at a REX-sponsored event at which the supplier or manufacturer is present at the request of REX.

Promotional Materials

REX reserves the exclusive right to all uses of its trade names, trademarks, logos and copyrighted material. REX prohibits the unauthorized use of any of its protected names, marks or logos on any materials for personal use or for resale.

Testimonials

One of the most effective ways to share the REX products is to share your personal experiences. These experiences must be your own.

Income Claims

Representatives must truthfully and fairly describe the Compensation Plan. No false or misleading income claims may be made to prospective Representatives. Representatives may not use their own incomes as indications of the success assured to others. Commission checks may not be used as marketing materials. Representatives may not guarantee commissions or estimate expenses to prospects. The power of the REX Compensation Plan may be accurately shown using REX approved materials. Each Representative understands that his or her success is dependent on their effort, dedication, resources and the time he or she commits to this enterprise.

Representations of Government Endorsements

REX Representatives may not represent that the REX Compensation Plan or any of its Products are approved by any government agency.


Advertising Guidelines

All advertising must be approved prior to use. Failure to receive approval for advertising may result in suspension or termination of Representative position.
What you may use:

1) REX corporate name and logo only when you identify yourself as a REX Independent Representative.
2) Logos, copy, etc. provided.
What you may not use:
1) Any copyrighted image or document without prior approval.
2) Quotes from any corporate official or other Representative without approval.
3) Third party testimonials.

Amendments

REX reserves the right to amend the Rules set forth herein, its wholesale or suggested retail prices, REX product availability and Compensation Plan, as it deems appropriate. Amendments will be communicated to all Representatives in one or more of the following forms: online newsletters, email or email blast, written or published materials, circulated or made available to all Representatives or publication on the REX web site. Amendments are effective and binding on all Representatives as of the date of issuance. In the event of any conflict between the agreement of the Rules and any such amendment, the amendment shall control.

Non-Waiver Provision

No failure of REX to exercise any power or right under these Rules or to insist upon strict compliance by a Representative with any obligation or provision herein, and no custom or practice of the parties at variance with these Rules, shall constitute a waiver of REX right to demand exact compliance with these Rules. An authorized officer of REX may affect waiver by REX only in writing. REX waiver of any particular default by a Representative shall not affect or impair REX rights with respect to any subsequent default, nor shall it affect in any way the rights or obligations of any other Representative. Nor shall any delay or omission by REX to exercise any right arising from default affect or impair REX’s rights as to that or any subsequent default.

Arbitration

A. All disputes and claims relating to REX, its products, the Representative Agreement, or the REX Compensation Plan, including but not limited to (1) the rights and obligations of the Representative and REX, (2) any other claims or causes of action relating to the performance of either the Representative or REX under the Representative Agreement or the Rules and Regulations, and/or (3) the Representative’s purchase of REX products shall be settled totally and finally by arbitration in Las Vegas, Nevada or such other location as REX prescribes, in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association. Louisiana residents may arbitrate in New Orleans. There shall be one arbitrator, an attorney at law, who shall have expertise in business law transactions with preference being an attorney knowledgeable in the direct selling industry, selected from the panel that the American Arbitration Association provides. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. If the Representative files a claim or counterclaim against REX, the Representative shall do so on an individual basis and not with any other Representative or as part of a class action. The decision of the arbitrator shall be final and binding on the parties and may if need be, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate shall survive any termination or expiration of the Representative Agreement.

B. Notwithstanding the foregoing, the arbitrator shall have no jurisdiction over disputes relating to the ownership, validity or registration of any mark or other intellectual property or proprietary confidential information of REX without REX prior written consent. REX seek any applicable remedy in any applicable forum with respect to these disputes and with respect to money owing to REX. In addition to monetary damages, REX may obtain injunctive relief against the Representative for any violation of the Representative Agreement and for any violation or misuse of REX trademark, copyright or confidential information policies.

C. Nothing in this rule shall prevent REX from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction and/or other injunctive or emergent relief available to safeguard and protect REX interest prior to the filing of or during or following any arbitration or other proceeding or pending the handing down of a decision or award in connection with any arbitration or other proceeding.

D. The existence of any claim or cause of action of the Representative against REX, whether predicated on the Representative Agreement or otherwise, shall not constitute a defense to REX’s enforcement of the Representative’s covenants and agreements contained in the Representative Agreement or the Rules.

Jurisdiction and Venue

The Representative Agreement and the Rules shall be construed enforced in accordance with the laws of the State of Nevada without reference legal principles that would cause the law of another jurisdiction to be applied. Causes of action between the parties hereto of any type, whether on the Representative Agreement, on fraud or any other tort, or grounded in principles of strict liability or statutes of any kind, shall be heard exclusively in a court of competent jurisdiction in Las Vegas, Nevada, each party hereby submitting to the jurisdiction of such courts and expressly waiving the right to bring suit in all other courts. In any cause of action the winner shall be entitled to recovery of all reasonable attorney fees, court costs and other costs of the action. Louisiana residents may choose Louisiana law, jurisdiction, and venue, and may arbitrate in New Orleans.

Limitation of damages

To the extent permitted by law, REX and its affiliates, officers, directors, employees, and other representatives shall not be liable for, and the Representative hereby releases the foregoing from and waives any claim for loss of profit, incidental, special, consequential, or exemplary damages which may arise out of any claim whatsoever relating to REX’s performance, non-performance, act, or omission with respect to the business relationship or other matters between the Representative and REX whether sounding in contract, tort, or strict liability. Furthermore, it is agreed that any damage to the Representative shall not exceed, and is hereby expressly limited to, the amount of unsold REX products and services owned or held by the Representative and commissions owing.


Official Language/Definitions

The English version of these Rules, as maintained by REX, is the official version and shall control over any other language version(s), which may be made available for ease of reference for some Representatives. As used in the REX materials, when the term, sell and words of similar import are used to describe the sales activities of a Representative, this is an abbreviated reference to the promotional activities of Representative with respect to sales and it is understood that all are between REX and the purchaser, not between the Representative and the purchaser.

Official Correspondence

Official correspondence must be sent via postal mail to: REX VENTURE GROUP LLC- 121 W Center St Ext. - Lexington, NC 27295 - . Phone 336-243-1123.

Entire Agreement

This statement of Rules and Regulations/Policies & Procedures (along with the Compensation Plan and the Terms and Policies Applicable to Use of REX Internet Services) is incorporated into the Representative Application and Agreement and constitutes the entire agreement of the parties regarding their business relationship. No other promises, representations, guarantees or agreements of any kind shall be valid unless in writing. If any provision herein is held to be invalid, all other provisions shall remain valid and enforceable.


TERMS AND POLICIES APPLICABLE TO USE OF REX INTERNET SERVICES

1. Terms of Internet Service Content.

The content of the REX Internet service is intended for the commercial use of its Users. All materials published on REX web site or self-replicating web sites (including, but not limited to news articles, information pages, product photographs, images, illustrations, merchant banners, merchant products, audio clips, flash movies, and video clips, collectively known as the Content) are protected by copyright and other intellectual property laws, and are owned or controlled by REX, or the party credited as the provider of the content, software or other materials. User shall abide by all additional copyright or other notices, information or restrictions appearing in conjunction with any Content accessed through the Service.

2. Communications

Representative may not post, transmit, or market the following: Any material that is threatening, abusive, defamatory, obscene, or otherwise unlawful; Any material that violates the copyrights, trademarks, service marks, trade secrets, patents or other property rights of others; Any pornographic, sexually explicit or gambling material or links to similar adult content; Any material that discloses personal private matters about any person without consent; Any material posted anonymously or under a false name; or Any material which disparages REX or other Users.

3. Collective Work Copyright.

The REX web pages are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as set forth previously, User may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as provided for previously), create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials in whole or in part.

4. Downloads

User may download or copy the Content and other downloadable items displayed on REX web pages for commercial use as a REX Representative, and/or a REX Website Owner only, provided that User maintains all copyright and other notices contained in such Content. Copying or storing of any Content for uses other than commercial use as a REX Representative, and/or Website Owner is expressly prohibited without the prior written permission from REX’s Rights and Permissions Department, or the copyright holder identified in the individual Content’s proprietary and/or copyright notices.

5. Representations and Warranties

User represents, warrants and covenants:
(a) that no materials of any kind submitted by User (or REX use thereof in accordance with these Rules), will (i) violate, plagiarize or infringe upon the rights of any third party, including copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and
(b) that User is at least 18 years old. User hereby indemnifies, defends and holds REX and all officers, Managers, Representatives, Website Owners, directors, owners, agents, information providers, Representatives, licensors and licensees (collectively, the Indemnified Parties) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by User of these Rules or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys’ fees. User shall cooperate as fully as reasonably required in the defense of any claim. REX reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User.

6. Software Licenses

User shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to User to access REX web pages. User may not sublicense, assign or transfer any licenses granted by REX, and any attempt at such sublicense, assignment or transfer is void. User may copy such software for archival purposes only. User may not copy, distribute, modify, reverse, engineer or create derivative works from this software.

7. Software Available on the REX and/or Self-replicating Web Sites. Software (if any) that is made available on the REX web site and/or self-replicating web sites (Software) is the copyrighted work of REX and/or its Representatives. User’s use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (License Agreement). User may not install or use any Software that is accompanied by or includes a License Agreement unless User first agrees to the License Agreement terms. For any Software not accompanied by a license agreement, REX hereby grants to User, a personal, non-transferable license to use the Software for viewing and otherwise using the REX web site and/or self-replicating web sites in accordance with these Rules, and for no other purpose provided that User keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. User acknowledges that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. User agrees not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

8. Termination

REX may, in its sole discretion, terminate or suspend User’s access to all or part of the web access for any reason, including, without limitation, breach of the Terms of Service. Users of REX acknowledge that site administrators have the right to terminate use without notice for any User who restricts, inhibits or disrupts any REX event or attempts to alter or improperly access any feature or function of the site. A User’s access may also be subject to termination if the User posts or transmits any illegal content; harasses or threatens any REX User or REX employee; posts content (including the creation of usernames) that is offensive or otherwise disruptive of REX activities; posts unsolicited advertising; or improperly impersonates an REX employee or other individual.

9. Removal of Sites

REX cannot and does not screen all content provided on REX self-web sites and does not assume any obligation to monitor content. HOWEVER, USER AGREES THAT REX MAY MONITOR SITES AND CONTENT PERIODICALLY, AND REX RESERVES THE RIGHT AT ITS SOLE DISCRETION TO REMOVE ANY SITE, WITHOUT NOTICE AND WITH NO OBLIGATION TO REFUND FEES PAID, WHICH IN ITS JUDGMENT IS IN VIOLATION OF THIS AGREEMENT OR OTHERWISE IS UNLAWFUL OR HARMFUL TO REX AND/OR OTHER USERS.

10. Copyright and Trademark Notices

All contents of the REX web sites and/or self-replicating web sites are Copyright © REX VENTURE GROUP LLC. All rights reserved. The material on this site may not be reproduced and may not be distributed, publicly performed, proxy cached or otherwise used, except with the prior express permission of REX. Other product and company names mentioned herein might be the trademarks of their respective owners.

11. Requesting Reproduction Permissions

Permission is required prior to the reproduction of any material viewed on the REX web site and/or the self-replicating web sites. While permission is not readily granted, serious inquiries will be considered. E-mail or write the Rights and Permissions Department of REX at: REX, Rights and Permissions, - 121 W Center St Ext – Lexington, NC 27295 - , or e-mail: support@zeeklers.com (Attention: Rights & Permissions).

12. Custodian of Records

Custodian of records is Paul R. Burks. All records required by law to be maintained by Publisher are located in the city of Lexington, NC, USA.

13. Opt-Out

The REX web site and/or self-replicating web sites provide Users the opportunity to opt-out of receiving communications from REX and our Representatives at the point where we request information about the visitor.

14. Delete/ Deactivate

The REX web site and/or self-replicating web sites provide Users with the following options for removing their information from our database, to not receive future communications, or to no longer receive our service. You can send e-mail to support@zeeklers.com. You can enter your email address and enter UNSUBSCRIBE in the subject line. You can send mail to the following postal address: Customer Service, REX VENTURE GROUP LLC - 121 W Center St Ext – Lexington, NC 27295 - , phone 336-243-1123.

15. Correct/Update

REX gives users the following options for changing and modifying information previously provided. You can modify editable information through your back office. You can send email to Support@zeeklers.com. You can contact REX Headquarters: REX VENTURE GROUP LLC - 121 W Center St Ext – Lexington, NC 27295 - , phone 336-243-1123.

16. General Provisions Usability
To the extent permitted by law, REX shall not be liable for, and the Representative releases REX from and waives all claims to, lost profits, indirect, direct, special or consequential damages, or any other loss incurred or suffered by the Representative as a result of (a) the breach by Representative of the Representative Agreement and/or the terms and conditions of the Rules and Regulations and Policies and Procedures, (b) the operation of Representative’s business, (c) any incorrect or wrong data or information provided by Representative, or (d) the failure to provide any information or data necessary for REX to operate its business, including without limitation, the enrollment and acceptance of Representative into the Compensation Plan or the payment of Commissions, Overrides and Bonuses.

17. Security
Each Representative must keep any REX passwords and other secure access information confidential and notify promptly if the Representative believes that the security of his/her account has been compromised. REX has taken reasonable steps to protect the security of online transactions. HOWEVER, REX CANNOT AND DOES NOT WARRANT SUCH SECURITY AND WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES RESULTING ANY SECURITY BREACHES.